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Home My WebLink About06- Capstone Partners, Water Pipeline Easement and Agreement City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 / If Please Return To: Clerk of Commission P.O. Box 1230 Bozeman, MT 59771 "- N ;:g W<1l 0 .... '- w _00 ~ 0 .... - ~ N .,0 m- N~g: WATER PIPELINE EASEMENT AND AGREEMENT ~o ~o -Ill ~'" Capstone Partners, LLc, the GRANTOR(S), 111 consIderatIOn of One Dollar ($1.00) and other good and valuable consIderatIOn, receIpt of whIch IS acknowledged, grant(s) to the Clty of Bozemar;, J mumcIpal iiiiiiiiiiiiiii iiiiiiiiiiiiiii - _ ~ and assIgns, a perpetual casement to lay, construct, and mamtam eIght Inch (8") water pIpch~'cs WIth the === :E _ ~ usual serVICCS, valves, connectIOns, aeecssones, and appurtenances for the purpose of transmitting water iiiiiiiiiiiii 0 ~o =c _.~ ~.... iiiiiiiiiiiii ::: iiiiiiiiiiiiiii '" iiiiiiiiiiiiiii ~ =., _0 ~ A 30'-wlde water lIne easement across lots 5 and 6 of Block 21, Cattml Creek SubdIvIsIOn, Phase 3 _ ~ sItuated In the NW 1/4, SEC 35, TIS, R5E, P.M.M, CIty of Bozeman, GallatIn County, Montana, the _ ~ north lme of whIch hes parallel WIth and 20 feet north of, when measured at nght angles, the hne -J:: ==== <1l common to the SaId lots, the south hne of WhICh ill'S parallel WIth and 10 fcet south of, when measured at nght angles, the lme common to the smd lots, the east lme of which IS the west nght-of-way hne of N. 27th Avenue, and thc west hne of whIch lies parallel WIth and 230 feet, when measured at nght angles, west ofthe satd nght-of-way hne. corporatIOn of thc State of Montana, 411 East Mam, Bozeman, MT 59715, GRANTEE, ItS t,.uccessors m, through, and across a stnp of land sItuated In Gallatm County, Montana, thIrty (30) feet WIde to be located on the followmg described real property: The easement IS more partIcularly described on the attached Exhiblt(s) A which by thIS reference are made a part hereof. ThIS grant mcludes the nght of the GRANTEE, ItS successors, permIttees, hcensees, and assIgns and ItS and theIr agents and employees, to enter at all ttmes upon the above-described land by usmg eXIstmg roads or trails or otherwIse by a route causmg the least damage and mconvemencc to the GRANTOR(S) m order to survey and estabhsh the route and locatIOn of the easement and the pIpehne and to. Page 1 of 4 "- N ~ U) 1O ;; .... ... <0 sog .... ('oj ~ N~~ N~~ ~o ~o ~ ~ ~ - U -<1l _E: ===== I- _!: ~o ~u = c (2) -'~ ~~ -- -- iiiiiiiiiiiiiii '" ~~ -.. _0 =c ~~ ~;>o -.. =- ~Gi ~1:: _<1l (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories, and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation, and maintenance of the pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary . THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipcline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing fences, ditches, and other appurtenances of said land that may be disturbed by its operation. , That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil for replacement ovcr the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by thc cxcavation and remains after backfilling is completed. And, it will leave the finished surfacc in substantially the same condition as existed prior to the beginning of operations except that thc surface of backfilled areas may be mounted sufficiently to prevent thc formation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of the GRANTEE. (2) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent ofthe GRANTEE. (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12~foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. Page 2 of 4 (4) The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants, and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DA TED this {' \ \ Z ') ;---;jay of UU J ,2cPb. ~~\~ --------.." GRANTOR "- N $ U) ;.:. I!'JO .... ... <D 1S)0g .... '" ~ N .va OI~ N~?J iiiiiiiiiiiiiii 0 ~o ===~ STATE OF MONTANA ) ) ss. ) County of Gallatin - - iiiiiiiiiiiiiii - -0 =<1l _E === l- E == <3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and _ ,s year first above written. ~ ~ \\1'''''// -- ,\ "'C:S7" II iiiiiiiiiiiiiii '" , " \ ,~~ ,;-, /1 A / - CJ '- ,. " "IV / - I '(-Q\''-"AL')' ". :0 ... ~:'l ........'i~ '.~-:. = :ii ...... 3:: . '"If RI . 0 .... - :> ::: ..;~ . "'.;\0 \ \' Ai.'.:f) -:: == ~ :.~(5: .0= -- .* = _ -- ..'r' ,..",~'''I ,P. -r - == QJ .-. j.. . ~III-,,: "".~ (I.~i~.. ~ . ~ _ .I: __ l, i;-I":"" ~~;i..J. ~ ..... _<1l .--.\")' - .....,..... ... ",:>' . . . ,,".... ......"" . ';'~'.I""r . . " . .. ...."'(\";",' //; ,:~"': OF ,;:.,;)\\,' 1/1/1111" On this f)}T1I1 day of _ (1J., , 2~., before me.the undersigned, a Notary Public for the State of Montana, perso;fa.ll~peared, "DI2AJ"_ ~~m(.{u' , known to me to be the ~'--_~____,_ of ('c'-'{>.;..lnll.l .>\ <:'fi-; I Q.M"(:'i~ and the person whose name is subscribed to the within mstrument and acknowledged to me that he executed the within instrument for and on behalf of~:'1h:'J'(lR R..rtn(l("'\ LLc.. , ",/ "( [IE' If?: <,71:JH.Dfr-ORO) otary Public fi the St te of Montana Residing in Bozeman, Montana My Commission Expires fl}/JJ<'h ,9C..:JrL>1 . Page 3 of 4 ACCEPTED: ITY OF BOZEMAN by its Clerkoft~~C~tyB~~iS '~V' ST ATEOF'N1.6~,ti\;X;~~ ~ ~,~ ,. . -; L ".. ',.,'.. .'" . . - , .. " ,'.:....:.~__i f',sS. CountY of GaHatir( .::-- .~/ 1::."' Montan~:~n~1;2~e~ ~'I<; , 2:~ be~:~;fo~~b~i~:~::~~~::t~f be the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal on the day and year first above written. (SEAl") ( (JJJj)J- Notary Public for the State of Montana Residing at j)zeman,' Montana My Commission Expires: '.:ldL._-..2i)JI1 N ~ U) ;.:. .... <1l 0 ...<0 1S)0g .... '" ~ N~~ N~~ iiiiiiiiii 0 ~~ ~ - iiiiiiiiii - =0 -<1l -.... === :E ==== I- _E: iiiiiiiiii 0 ~o =c -'~ -.. -'" -- -- iiiiiiiiiiiiiii '" -<.J> -, =.. _0 =c -'" -:> iiiiiiiiii ;>- -.. ==== ::: -.. ~1:: _<1l Page 4 of 4 "- N ~ U) .;.:. lOO .... ... <0 1S)0g .... '" ~ NOio m- N~g: -0 -0 ==== ~ - ~ iiiiiiiiiiiiiii - -0 =<1l _E ==== I- -"" ~O _0 ==== C _.~ !!!!!!!!!!!!!! ";G iiiiiiiiiiiiiii :: ~'" iiiiiiiiiiiiiii '1 -~ c !!!!!!!!!!!!!! ~ iiiiiiiiiiiiiii ". -.. -- -1 ==== <1l ( EXHIBIT A SHOWING A 30'- WIDE WATER LINE EASEMENT ACROSS LOTS 5 & 6 OF BLOCK 21, CATTAIL CREEK SUBDIVISION, PHASE 3 SITUATED IN THE NW 1/4, SEC 35, TIS, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CATAMOUNT STREET LOT7 LOT6 LOT S 12 k1 t;J ~ +'" ~ .~ ~ 0 h <$-' l'-.. '"'" ...,.., ~ ........ C3 LOT 4 < ..,.. ....' SHARED ACCESS EASEMENT PER CATTAIL CREEK SUB, PH, 3 LOTS LOT4 CATALYST STREET A 30'-wide water line easement aeross lots 5 and 6 of Block 21, Cattail Creek Subdivision, Phase 3 situated in the NW 1/4, SEC 35, TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, the north line of which lies parallel with and 20 feet north of, when measured at right angles, the line eommon to the said lots, the south line of which lies parallel with and 10 feet south of, when measured at right angles, the line common to the said lots, the east line b ~o of which is the west right-of-way line ofN. 27th Avenue, and the west line of --- which lies parallel with and 230 feet, when measured at right angles, west of ( IN FEET ) the said right-of-way line. ~'7l'_?' MORRISON b".IW' ~~ MAIERLE, INC. Ar.! F-nlpl(}"'I~I,.'-Uwncd Complmy PROJECT NO, 4 H~,3.00' DRAWN SY:.JU!:L......... CHK'O. BY:~ APPR. BY:~ DATE.~ S01 teChnology Blvd. 60leman MT 59716 tEhSJlfll1ttfli Surveyors Scientists PltJl'ln~t!: CAPSTONE CONDOS BOZEMAN MONTANA EXHIBIT A 3Q'-WIDE UTILITY EASEMENT f:'tlone: (406) 587-0721 Fa" (406) 567.1 176 ~IGURE NUMBER EX. A (;oPY~IG~(~ ~ORRlSON-"'''"=ffi..E.. INC, ~ N:'4163\001 \ACAD\Exhibits\E.asement2,dYtrg Plotted by: nhagen Jul/20/;20OG - 11:19:49 am